2023 QCCQ 11143, 2023 QCCQ 11143

Protection de la jeunesse — 235769 2023 QCCQ 11143 COURT OF QUÉBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] TOWN OF [...] « Youth Division »

No: 105-41-000559-212 DATE: October 11, 2023 ______________________________________________________________________ BY THE HONOURABLE JANICK POIRIER, J.C.Q. ______________________________________________________________________ THE DIRECTOR OF YOUTH PROTECTION Applicant and X born on [...], 2018 Child and A B Parents ______________________________________________________________________ JUDGMENT ______________________________________________________________________ WARNING: The Youth Protection Act forbids the publishing or broadcasting of information allowing for a child or the child’s parents to be identified.

Any person who contravenes this provision commits an offence and is liable to a fine (sections 9.2, 9.3 and 135 Y.P.A.). [ 1 ] On March 29, 2023, the Court grants an application for revision and extension of an order, in respect to the child and his siblings. The Court then entrusts all three children to their mother and orders the application of protective measures with the aim of correcting the situation that puts the children’s security and development in danger. [ 2 ] The director of youth protection (DYP) now asks the Court to revise and extend that judgment.

The DYP recommends that the children remain entrusted to their mother with an extension of the follow-up until the end of December. Since the Court is also seized with an application for sole custody presented by the mother, the DYP believes that the children will not be in need of protection much longer. [ 3 ] The father does not attend the hearing, neither does a lawyer act on his behalf. The mother agrees with the recommendations sought by the DYP. At the light of the evidence, children’s counsel shares that position. [ 4 ] Following the hearing, the Court delivers an oral judgment and grants the application.

Here are the reasons supporting that decision. [ 5 ] There is no direct contact between the father and the children. The father is only in contact with his daughter on social media. He never meets with the worker, who is not able to get in touch with him. [ 6 ] Therefore, the children are not exposed to conflicts opposing their parents anymore. [ 7 ] The mother’s situation has improved significantly. The mother is more organized and structured than she used to be. She is proactive regarding follow-ups, she respects deadlines, and communicates appropriately. She can meet her children’s basic and special needs.

Moreover, she receives support from her spouse. Their relationship is positive, and the spouse treats the children as his own. [ 8 ] Living with their mother obviously meets the children’s needs, and it is in their best interest. Since the mother will have sole custody, it is not necessary to extend the application of protective measures beyond the end of this year. [ 9 ] The application is therefore well founded.

FOR THESE REASONS AND THOSE EXPRESSED VERBALLY AT THE HEARING, THE COURT: [ 10 ] GRANTS the application for revision and extension of order; [ 11 ] DECLARES that the security and the development of X are still in danger according to

section 38 of the Youth Protection Act ; [ 12 ] REVISES AND EXTENDS the Court order rendered on March 29, 2023; [ 13 ] ORDERS that the child remain entrusted to his mother; [ 14 ] ORDERS that contacts between the child and his father be determined by agreement between the parties and AUTHORIZES the DYP to supervise them; [ 15 ] ORDERS that the parents report periodically to the DYP on the measures they apply in their regard or their child’s regard to put an end to the situation in which the security or development of the child is in danger; [ 16 ] ORDERS that the parents be sober in the presence of the child and do not allow any person under the influence of drugs or alcohol to be in contact with the child; [ 17 ] FORBIDS the parents from exposing the child to any form of violence; [ 18 ] ORDERS that the parents actively participate in the measures ordered to put an end to the situation of endangerment; [ 19 ] ORDERS that a person working for an establishment provide aid, counsel and assistance to the child and his family until December 31, 2023; [ 20 ] ENTRUSTS the situation of the child to the DYP of the Centre intégré de santé et de services sociaux A for the carrying out of the present judgment. _______________________________________ JANICK POIRIER, J.C.Q.

Me Joanie Bujold for the applicant Me Jules Grenier for the child Me Marjorie Lepage for the mother Mr. B the father (absent) Written judgment filed on October 31, 2023